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MIN CC 10/10/1989HUNTSVILLE CITY COUNCIL MEETING, OCTOBER 10, 1989 BOOK "P" 504 NUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 10TH DAY OF OCTOBER, 1989 I THE CITY HALL COUNCIL AMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, AT 7:30 P.M. The Council met in a regular session with the following members present: Jane Monday, Mayor Ila G. Gaines City Officers present: 0. Eugene Barrett William B. Green Gene Pipes, City Manager Gary Bell Percy Howard, Jr. Ruth DeShaw, City Secretary Jim Carter William H. Knotts, Jr. Member absent: William L. Hammock Officer absent: Scott Bounds, City Attorney CITIZEN INPUT /INQUIRY SESSION Mr. Bodman advised the Council that despite the gloomy weather for the 1989 Fair on the Square, the crowds were big an everyone appeared to be thoroughly enjoying themselves. He then acknowledged, on behalf of the Chamber of Commerce and all the participants and Chamber volunteers, the many contributions of the City and its employees, among which was the Council's fast action in preparing the request to Brazos Transit for the shuttle between Fair on the Square and the Fall Festival 189; the fast action from the City Health Department in issuing the required permits; the work done by the City's Sanitation Department, whose employees were cheerful and efficient and the post activity clean -up was particularly dramatic in its speed and efficiency; and the assistance of Chief Eckhardt and Lt. Mark Pemberton and members of the HPD. Mr. Bodman said the crowd at the Fair was a "buying" crowd and those vendors with whom he visited said they had exceeded their fondest dreams concerning sales. He said the food vendors all sold out of their product. He felt the civic and social organizations met their objectives. He said another positive factor was the awarding of "Best of Show" and "First through "Honorable Mention" for up to 10 booths will encourage a higher quality of the exhibitors next year. He said while he has no statistics on the ridership of the shuttle, this is the kind of feature that will need to be there every year before people realize that when coming into Huntsville they have a whole weekend to get wherever they want to go at no cost. He said he also visited with Mr. Troy Allen with the Walker County Fair Association and advised he volunteered space at the fairgrounds for the exhibitors who had goods and merchandise which could be damaged by the rain and had already cleaned out a 4,000 -5,000 square foot area of covered space for that purpose. Mr. Allen advised this would be at no charge. Mr. Bodman said this indicated the type of cooperation that is going on throughout the community. He said he also visited with the motel owners and he understands they were all booked solid the whole weekend. In conclusion, he said the whole event was a smashing success. FORMAL SESSION Mayor Monday then called the formal session to order. Mayor Pro tem and Councilmember Percy Howard, Jr. presented the invocation. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Councilmember Barrett made the motion to approve of the minutes of the previous meeting of September CONSIDER ORDINANCES Mr. Gene Pipes, City Manager, presented this ordinance, the caption of which is as follows: ORDINANCE NO. 89 -26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 12, MOTOR VEHICLES AND TRAFFIC, OF ITS CODE OF ORDINANCES BY PROVIDING A STOP SIGN ON EASLEY CIRCLE AT EASLEY CIRCLE; PROVIDING A PENALTY OF UP TO $200 A DAY FOR CERTAIN VIOLATIONS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. D 1 HUNTSVILLE CITY COUNCIL MEETING, OCTOBER 10, 1989 BOOK "P" 505 Mr. Pipes advised on June 23, 1989, some 90 days ago, a stop sign was installed at this location fo observation as to its effectiveness in facilitating traffic flow. He recommended its permanent installatio at this time. Councilmember Howard made the motion to approve of Ordinance No. 89 -26 and Councilmembe Barrett seconded the motion. All were in favor and the motion passed unanimously. Avenue M at Josev Street Mr. Pipes presented this ordinance, the caption of which is as follows: ORDINANCE NO. 89 -27 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 12, MOTOR VEHICLES AND TRAFFIC, OF ITS CODE OF ORDINANCES BY PROVIDING A STOP SIGN ON COLLEGE FARM ROAD AT JOSEY STREET; PROVIDING A STOP SIGN ON AVENUE M AT JOSEY STREET; PROVIDING A PENALTY OF UP TO $200 A DAY FOR CERTAIN VIOLATIONS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Mr. Pipes advised these stop sign installations were placed in service on September 6, 1989 to make thi! intersection a three -way stop. Mr. Pipes then recommended authorizing their permanent installation by wad of this ordinance. Councilmember Howard made the motion to adopt Ordinance No 89 -27 and Councilmembei Barrett seconded the motion. All were in favor and the motion passed unanimously. Consider ordinance No 89 -28 designating no parking any time zones on portions of 20 1/2 Street South Mr. Pipes presented this ordinance the caption of which is as follows: ORDINANCE NO. 89 -28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE. TEXAS DESIGNATING PORTIONS OF THE SOUTH SIDE OF 20 1/2 STREET AS A NO PARKING ANY TIME ZONE; PROVIDING A PENALTY OF UP TO $200 A DAY FOR CERTAIN VIOLATIONS• MAKING OTHER RELATED FINDINGS AND PROVISIONS RELATED THERETO Mr. Pipes advised two new "No Parking Any Time" signs were installed on March 28 1989 from 1409 to 1411 20 1/2 Street on the south side. He then recommended making this designation Permanent by adoption of Ordinance No. 89 -28. Councilmember Howard made the motion to adopt Ordinance No. 89 -28 and Councilmember Barrett seconded the motion. ALL were in favor and the motion passed unanimously. Consider Ordinance No. 89-29 authorizing publication of notice of intention to issue certificates of obligation for a dump truck Mr. Gene Pipes, City Manager, Presented this ordinance the caption of which is as follows: ORDINANCE N0. 89 -29 AN ORDINANCE AUTHORIZING PUBLICATION OF NOTICE TO BIDDERS AND NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION FOR A 12 YARD DIESEL POWERED DUMP TRUCK AND MAKING VARIOUS PROVISIONS RELATED THERETO. Mr. Pipes advised this purchase is for a certificate of obligation not to exceed $115.000. Councilmember Barrett made the motion to approve of Ordinance No. 89 -29 and Councilmember Howard seconded the motion. ALI were in favor and the motion passed unanimously. CONSIDER BIDS Consider Bid No. 90 -3 for two heavy duty pick -ups to Moore -Henry Motors in the amount of $23,800 Mr. Pipes advised the city intends to Purchase two new and unused 1990 heavy one-half ton Dick -ups He said the Purchasing Division is recommending acceptance of the lowest bid meeting specifications out of HUNTSVILLE CITY COUNCIL MEETING, OCTOBER 10, 1989 BOOK "P" 506 titive. Councilmember Howard made the motion to approve of this bid to Moore -Henry Motors and ilmember Gaines seconded the motion. All were in favor and the motion passed unanimously. ider Bid No. 90 -6 for a boring machine to Adrian and Griffith Equipment Company, Inc. for $11,785 Mr. Pipes advised two very competitive bids were received for one new and unused heavy duty aulic hori mntal harina machine_ HP advised it is the Durrhacina nivicinnin rare nriatinn to arrant ,as budgeted in the CIP water and sewer fund. Councilmember Gaines made the motion to approve this and Councilmember Howard seconded the motion. All were in favor and the motion passed unanimously. L Hydrofluosilicic Acid bid to Van Waters & Rogers, Inc. at 5.1495 /pound Mr. Gene Pipes advised the City intends to purchase an annual contract for hvdrofluosilicic acid in the flunride that the pity hac addad to tha untar a-lv ainra tha io%n /a "e ca:,i :t .� s ..e..t -4 e amount of $.1495 by Van Waters & Rogers, Inc.. Councilmember Barrett made the motion to approve of this d and Councilmember Bell seconded the motion. All were in favor and the motion passed unanimously. er System for accounting from N.C.R. in the amount of $30,858 Mr. Gene Pipes advised the city did request earlier this spring in the mid -year budget adjustment a irrent hardware in about three years. Councilmember Howard made the motion to approve the N.C.R. computer id and Councilmember Barrett seconded the motion. All were in favor and the motion passed unanimously. CONSIDER TAX ABATEMENT POLICY AND APPLICATION BY MCMURRY OIL TOOLS ew Tax Abatement Policy and consider an application by McMurry Oil Tools for abatement of $1,445,000 Mr. Gene Pipes, City Manager, advised McMurry Oil Tolls recently opened for business south of be withdrawn pending their final action. Councilmember Bell made the motion to table this item and ilmember Howard seconded the motion. All were in favor and the motion passed unanimously. CONSIDER NOMINATIONS TO TAX APPRAISAL BOARD ider nominations for selection of Appraisal District Directors for 1990 -92 term Mayor Monday presented this topic for discussion She then recommended the nomination of Mr. L 1 HUNTSVILLE CITY COUNCIL MEETING, OCTOBER 10, 1989 BOOK "P" 507 to be cast, based on the tax rate and the value, the city would be very close to having just one position. Mayor Monday recommended the nomination of Mr. Bill Nash. Councilmember Green made the motion to approve of the nomination of Mr. William V. Nash as the city's candidate and Councilmember Howard seconded the motion. All were in favor and the motion passed unanimously. CONSIDER JOINT USE OF JACKSON SQUARE Consider authorization for agreement for ioint use of Jackson Square with Huntsville Community Theater Inc. Mr. Pipes advised former Mayor Bill Nash approached the city several weeks ago offering for use by the Huntsville Enrichment Activities Program (HEAP), the area called Jackson Place in the strip center on Sam Houston Avenue that backs up to the Library and HEAP buildings parking area. He said Mr. Nash indicated the Huntsville Community Theater, Inc. was willing to lease the facility from him for nine months a year and to pay him a rather nominal lease arrangement on that 3,500 square feet and that the city would be able to use that building in the summer time on a three -way agreement. This would give the city the opportunity for the first time to have a place to register and hold some activity classes for HEAP at a central location, he said. He said the city borrowed facilities in the past, using HISD facilities, etc. to arrange classes. The City Manager then presented a draft agreement for joint use of a building for the review by the parties involved. He said the nature of the agreement is to have the Huntsville Community Theater, Inc. use the facility for nine months and to pay a lease fee. They will maintain the air conditioning and lighting for the facility during that time. He said Mr.Nash will cut a door on the back side of the building, facing the library, and move the Jackson Place awning from the front of the building to the back and the two entrances then will be on the back side, one on the Library side and one on the HEAP building side. He said the parking for this facility will then be shared with the Library and HEAP and the overflow parking will be across the street from City Hall on the corner of Avenue M and 13th and the City Hall lots itself. He said this address the parking needs for the patrons of the Community Theater and the activities of the HEAP. The city's responsibility will be for the power costs and maintenance of the facilities during the three months it uses it. He said the city wilt be providing a set of steps and a ramp for handicap access, a minimal commitment to making this project work. He then recommended this contact under the stipulation that there are some final minor adjustments that Mr. Bounds will make upon his return. W i t h t h at consideration, he sought the Council's approval for his authority to enter into this agreement for the HEAP program. Councilmember Barrett made the motion to authorize the City Manager to enter into this three -way agreement for the use of Jackson Place with the Huntsville Community Theater. Inc Mr. William V Nash and the Citv and Councilmember Bell seconded the motion. Discussion: There was some discussion for clarification. Mr. Pipes said the dates for the city's use are May 16 to August 16. He said paragraph two, fourth sentence, says the city agrees to permit HCT and Nash to use this property for the placement of awning and access facilities (additional door). He said the entrance to Jackson Place on the east side will actually be closed off and the roam will not be accessible from the east side of the shopping center. He said Section I, paragraph 3 will probably be amended to clarify exactly what the physical restraints will be. He said there is not a prohibition on parking on the east side, but certainly there will not be a door to get to this space. He said in all likelihood, the parking will all be in the Library /HEAP lot, the lot just behind the HEAP building and City Hall tots. He said there will be very adequate parking in the evening hours. He said there is also a lot opposite Fire Station No. 1 that can be utilized. He said there is enough parking for 150 patrons at one time for a theater production or any HEAP programs. All were in favor of the motion on the floor and it Passed unanimously. CONSIDER ORDINANCE Consider Ordinance No. 89 -30 creating a new Chapter 18 "Emergency Reporting Equipment and Procedures" Mr. Gene Pipes, City Manager, presented this ordinance, the caption of which is as follows: ORDINANCE NO. 89 -30 AN ORDINANCE CREATING A NEW CHAPTER 18, "EMERGENCY REPORTING EQUIPMENT AND PROCEDURES ", OF THE CITY OF HUNTSVILLE CODE OF ORDINANCES, PROVIDING DEFINITIONS; REQUIRING PERMITS HUNTSVILLE CITY COUNCIL MEETING, OCTOBER 10, 1989 BOOK "P" 508 FOR ALARM SYSTEM USERS; PROVIDING FOR A PERMIT FEE; PROVIDING FOR REVOCATION OF PERMITS; REQUIRING MAINTENANCE OF ALARM SYSTEMS; REGULATING ALARM REPORTING AND OPERATION; PROVIDING SERVICE FEES FOR ALARM NOTIFICATIONS; PROVIDING FOR REVOCATION AND DENIAL OF PERMITS; EXEMPTING GOVERNMENTAL ENTITIES FROM THE PROVISIONS OF THIS ACT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF UP TO $200.00 PER DAY; PROVIDING FOR PUBLICATION; AND NAMING AN EFFECTIVE DATE Mr. Pipes advised the staff has incorporated the suggested changes made in the last council meeting concerning this alarms ordinance. He said the staff has also made this ordinance available to the local practitioners in the field. The Police Department has reviewed it and only a couple of other minor changes have been made, he advised. This ordinance now comports totally with the feelings the Council expressed Last week and incorporates all of the other input the city has had to this time, Mr. Pipes reported. He said the fee service for the alarms had been raised as a question. Mr. Hank Eckhardt, Chief of Police, advised Section 18 -17. Central Alarm User Charges, provides "there is levied, and the chief shall collect, a monthly fee of $25.00 for the use of the central alarm installation located in the communications center which is monitored by the City. Chief Eckhardt said this was changed back to $25.00 from $30.00 because it was desired to keep the fee as it is currently set at $25.00. The Chief also pointed out several typographical errors, as follows: Section 18 -13, paragraph (d), the last word in the first line should be "an" instead of "a"; and on page 63 of the packet, the third line, which says ". . . will guilty . . ." should read ". . . will be guilty . . . ;" and in Section 3, the second line, which reads ". . . the ordinance for any reason held invalid . . ." should read ". . . the ordinance for any reason shall be held invalid . . ." Councilmember Carter made the motion to approve of Ordinance No. 89 -30 and Councilmember Howard seconded the motion All were in favor and the motion passed unanimously. CITY MANAGER'S REPORT - -GENE PIPES Consider authorization to replace a dump truck for Public Utilities totaled September 21, 1989 Mr. Pipes, City Manager, advised this accident occurred at Highway 75 North at FM 2821 and has been substantially concluded to be the fault of the other driver. Yet, he said, the resolution of the responsibility for the accident has not been concluded with the other driver's insurance company. He said the City purchased the 1985 Chevrolet eight -yard dump truck in 1986 for about $36,000. He said the city estimates that to be its approximate replacement cost. He said the city has no guarantee it will get replacement cost, but may get a value and has no idea at this time of that amount He said a substantial concern of the Public Utilities staff is that the city needs to replace that truck in order to maintain the city's construction activity. He said he now seeks the Council's authorization to go out for bids for this eight yard dump truck for the CIP crew in the Water and Sewer Department. He said typically it would be paid for out of the reserve for future allocations for that part not covered by the insurance settlement, but he could not estimate that at this time. He said the City Attorney has had many contacts with the various adjusters and they are working on it and a settlement will be forthcoming in a reasonable amount of time. He said delivery time on these vehicles is so tong that the city felt it needed to seek Council authorization to bid the truck with the understanding that the settlement may be a protracted legal matter as to its ultimate final resolution, but if not, the city should know in a few short weeks exactly what amount to expect from the other operator's insurance and be able to advise the Council on what the city's supplemental costs will be from the reserve for future allocation. Councilmember Green made the motion to authorize the city to advertise for bids for replacement of this vehicle dependent upon the resolution of the insurance and Councilmember Howard seconded the motion. Discussion: Councilmember Knotts asked about the depreciated book value as that is the amount for which they may settle. Mr. Pipes said this is the point of issue at the present time as to what is the actual depreciated book value. He said the issue is the responsiveness of the other operator's insurance company. The motion passed unanimously. Amendments to S.B. 971 -- Industrial Development Corporation Law Mr. Pipes advised Mr. Bounds prepared a memorandum concerning amendments to the Industrial Development Corporation Law. He indicated it was his opinion that the City may not impose an additional 1 1 HUNTSVILLE CITY COUNCIL MEETING, OCTOBER 10, 1989 BOOK "P" 509 sales tax to fund an Industrial Development Corporation. He noted in particular, Section 2(c) of the new Law limits the sales tax "to the lesser of one -half of one percent or the amount equal to two percent minus the combined rate of all sales and use taxes imposed by the City and other political subdivisions." Mr. Bounds stated since the city currently has a 1 1/2 percent sales tax and the county has a 1/2 percent sales tax, no additional local tax may be levied under the taw in Huntsville for an Industrial Development Corporation. Mr. Gene Pipes, City Manager, advised this information is provided for consideration. Certificate of Conformance in Financial Reporting Mr. Pipes advised once again the City has received a Certificate for Conformance in Financial Reporting from the Government Finance Officers Association. He said this will make eight consecutive awards the city has received. He commended the city and Mr. Ken Davis, auditor and author of the financial report made to the GFOA. He said it is the highest award in financial reporting for cities and other governmental entities in the U.S. and Canada. Mayor Monday commended Patricia Allen, Director of Finance, and her staff for their efforts that contributed to the city receiving this award. Presentation of 1989 -90 Budget Mr. Gene Pipes, City Manager, presented the budget for the new fiscal year. He directed the Council's attention to the budget message which has expanded greatly from prior years in an effort to again win a budget award, which is extremely rare. He said if there is one place where one wishes to gather information about what the city is doing with its resources and what the plan of work is for the year, those 19 pages will be of great benefit to anyone wanting to become informed. He said Ms. Allen has worked very hard on this and the budget itself is very comprehensive. Bush - Miller Park - -Work Halted Mr. Gene Pipes, City Manager, advised he received a call from Councilmember Carter on Friday requesting that work on the Bush - Miller Park be stopped until the Council could be informed tonight as to exactly what the program of action was on that particular project. He said he agreed to bring this to the Council as he requested. He said the equipment that had been delivered there on Friday afternoon was removed on Monday morning and sent back to work in another location pending this particular discussion tonight. He said the effort there is to clear and clean the three and one -half acre park that is contained by rows of apartments on Hickory street, Crosstimbers and Normal park and the donor property, Mrs. Bush, on the corner of Crosstimbers and Hickory. He said Mrs. Bush made some financial transactions for the sale of this property over the years and regained title to it a couple of years ago. He said it had been timbered and the pine tops and tree stumps were left literally all over the site to the point that the cane and other vegetation had grown up through it and it has become an extremely difficult tangled mess that the staff could not rationalize clearing by hand in an expedient, financially efficient manner. He said the staff then brought in the city's small dozer to remove the stumps and the pine tops so the city could see what it has. He said the city's plan of action stemmed from several meetings with Mrs. Bush in which she provided for the staff copies of magazine articles outlining small arboretums in various cities, principally in Houston, which seemed to fit what she felt was the ideal as a living memorial for her husband and her father, a former Mayor of the City [1884 - 18861. He then presented the park property to the Council on a map for their review. Mr. Pipes reminded the Council the city rented this three and one -half acres from a non - profit corporation pending the receipt of matching funds form the Bureau of Outdoor Recreation, Parks and Wildlife Department in order to develop a park. He then described the topography of the park and adjoining land. He said there are entrances to it from Normal Park and Hickory on the most southerly end. He said cut-de -sacs serve the G.A. White Subdivision, Sleepy Hollow Circle, and Holly Springs areas. He said there is land there that was originally platted as a street right -of -way but was reacquired by both Mr. White nd Mrs. Bush some years ago. He advised there is a water and sewer line cutting across the back fence line which was originally intended to be a street right -of -way. HUNTSVILLE CITY COUNCIL MEETING, OCTOBER 10, 1989 BOOK "P" 510 Mr. Pipes said the city has identified on the site a number of Tung Oil trees that were originally lanted on the site by Mrs. Bush's husband. He said they are of a different variety and species and are omewhat significant to this particular site because they were put on this site in hopes of establishing a ew cash crop for Walker County as a particular point of interest. He said Mr. David Zellar, City Landscape echnician, has identified these trees in these particular locations and has carefully "blue" flagged them s well as a number of other trees on the site that are of particular importance either in size or variety f species. He advised the city intends to leave the vegetation along the fence Line so that the backyards f the residences would be buffered from the park. He said the plan was also to leave the vegetation in act along the concrete parking lot side to buffer the park from the Lot area as well as another area and he back of Mrs. Bush's property. He said because it has been timbered, it is in bad condition. He said tearing and cleaning are needed in order to see how it is configured and what the situation is and what he liability and risk is of having this particular facility in an area that is very heavily inhabited and as numbers of small children that could access this area rather easily. The Council was advised the staff plans to clear the central area of the pine stumps and tops and ill be as careful as possible to maintain the trees that are of substantial value to any park site. He aid the staff met with him on site with Mrs. Bush yesterday and she was informed about the plan. She was nformed several weeks ago, he said, that the city was going to begin work, but it only began yesterday. He nformed Mrs. Bush of the current situation and that this discussion would be held tonight. She offered to ome to the meeting to bring her desire for its development as a passive use park in an arboretum style, hich may take five or more years to get most of the area in a usable condition because of the timbering hat took place some time ago. She understands there is really no way to develop and maintain this articular situation until those tops and stumps are gone. He said Mrs. Bush does like the idea of reserving the tung trees and the large hickory or oak trees on the back. He said any trees that have not een previously damaged or can be preserved, will be rigorously maintained. He said hand work will be done here it is feasible adjacent to trees we are trying to preserve. He said 150 -200 pine tree stumps are eyond hand digging. He said with the council's concurrence and this plan of action, the City will attempt o schedule the equipment at the next available opportunity to resume work there. He said he will keep the ouncil and Mrs. Bush informed of the progress. He said he will address any concerns that are expressed. Councilmember Carter said he appreciates the City Manager's action on his request to stop the work. said what we have here is a different approach to these types of activities. He said he has an aversion Councilmember Carter said he has another concern besides the use of the bulldozer. He said he did there. He said he doesn't know what the Council's general attitude is about the park, but the Council ll have to make the decision. One other Problem Councilmember Carter had with the park is similar to problems he has with several He said he doesn't know, except from 1 1 HUNTSVILLE CITY COUNCIL MEETING, OCTOBER 10, 1989 BOOK "P" 511 reports from a few of his friends that serve on those boards, whether they were involved in the developmen of this park, but his impression is that they were not. He asked that on any park or green space project that we do consult those members and that it not just be the city staff or city council or the donor, an have them involved in the development, otherwise he doesn't see any reason for them to exist. He said h Action Committee and the Parks Board in the decisions about what to do in each park Tiller] and she is very aware of what is occurring and how the city is doing it She said the initiation c this particular action was simply to clear that park to see what we can do in the way of planning. She sai there is every idea that the city will include that board once the city gets to the planning stage. Sh said Mrs. Bush gave the city a tentative outline of what she wanted and the city certainly concurred wit that and the procedure now is to get in there to clear it so we can see what is there. She said she is sur the Board will be very active in this matter. Councilmember Carter noted it is unfortunate that we seem to sometimes be at odds over things h knows the Mayor is trying to do in a positive manner. He said he does not want them to be at odds over thi because he knows this is an effort on the part of the city, the Mayor and the city staff to do something fc the city. He said he feels, however. that the board should be involved °before$' the clearing is done an them to become involved in the planning once the city has done some bulldozing work in there Councilmember Knotts asked if most of those pine stumps would rot in two to three years. He asked if traffic offenders might be scheduled to work in there as part of their municipal court public service sentence, even if the work takes a year or so to complete using this method. He said if the city tries to bulldoze 300+ stumps on three acres, there won't be anything left. Mr. Pipes said there will certainly be some damage to the ground. He said Mrs. Bush very candidly pointed out in their meeting yesterday that she expected to live for some time and that five years would not be an unreasonable length of time to see the park come to some point of fruition but she also did not want to see a lot of time spent discussing it beyond seeing some progress. He said pine tree stumps may rot in about three years; however, he was not sure Mrs. Bush would want the City to be that passive about this. He said the pond is going to have to be continued as it is an upstream drainage and affects the houses in the hollow there. Councilmember Knotts asked if the city has a contour map. Mr. Pipes said there has been a lot of work on the parking lots there and that changes the drainage configurations in such a way that right now it would be quite difficult to run a cross - section. He said finding the sites on the ground would mean hacking one's way through the jungle. Councilmember Knotts Council's desire, that is fine with the staff. Councilmember Carter said this is what his motion is intended to do, although he does not wish to stand in the way of something that is being done for the city, but he would take a different approach and this is what he is asking. Mayor Monday noted the ouestion is whether we stand and wait and try to do it by hand or whether we go in there and begin to develop that park on a more timely basis She asked Councilmember Carter to restate his motion. Councilmember Carter said the motion is to pause perhaps as Councilmember Knotts has stated. we miaht have a better view in the winter when things die down: and secondly the motion is to use hand labor if necessary, or if it is even necessary to remove those stumps at this point and if not to wait until some other point to where they may have rotted to some dearee and the city can push them down without the use of a bulldozer. He said this would delay the development of the park pending on what the City foresees the park to be. He said if the city wants it to be a natural area, it will come back on its own; if the city wants the park to be manicured and developed for some other use, then the city should go in there and do what it is talking about. Mayor Monday noted the development in the master plan for the park is to develop it as an arboretum type situation utilization with jogging and biking trails to lengthen the overall jogging and biking trails of the city. She said that is the plan, however Councilmember Carter does have a motion on the floor. Councilmember Knotts seconded the motion made by Councilmember Carter. HUNTSVILLE CITY COUNCIL MEETING, OCTOBER 10, 1989 BOOK "P" 512 Discussion: Councilmember Bell said he visited the park site and it does, in his opinion, meet the definition of an area that has been clear cut and it has been largely denuded and some of the trees that were tagged, were, in his judgment, very small and of marginal species. He said, however, by way of his own experience with stumps on his land, he did not feel the pine stumps would rot down in three years. He said he can see no way of getting the stumps out without the use of machinery. Mayor Monday said it concerns her that the city has property that could be utilized by the people in that area for the development of a park for a very attractive area park and addition to the jogging and biking traits and for a very positive development of the arboretum situation. She would not want to hesitate and let this park sit there in this shape, unusable, and perhaps dangerous in its undeveloped state. Councilmember Carter said he did not see that it would be negligent on the part of the city to leave it natural, noting they have a different vision. He said he wishes to avoid any conflict over this as it can be something positive for the city. He said they have a different opinion of what green space might be used for, noting there are areas, such as wilderness where we don't want any development whatsoever. He said he didn't want to see every park in the city developed to the point that it is a playground. Mayor Monday noted they do have very different views. She said the Plan is to have access to neighborhood Parks to be utilized by people in neighborhood settings She said this Dark is not envisioned as a ball Park or a Playground but a iogging and biking trail and a very lovely setting and something that is very needed in this area of town She felt the city would be negligent to have property given to the city to be utilized and then not do that. Councilmember Carter said he just has a different concept of use from what is planned. Councilmember Bell said if the park is to be developed as an arboretum, the city does need to get the stumps out as they are really are obtrusive and they do deny the use of the land in any substantial way except for a bird sanctuary. He suggested that the city plant some trees, some good size oaks, and turn it into a true tree park for the benefit of the city as a whole. Mayor Monday said one of the things that could be done is to contact the University to see if a Linkage can be found there in their horticulture section to see if they might come in with a student Proaram to work with the city in Planning and developing that Dark She said all of these things have been talked about, but this is just the first step. She said until the city can get in there and get the stumps out to see what we have in terrain and drainage, so that Glenn Isbell, Director of Design Engineering, can study it, the city cannot do anything and it just sits there. She said this is exactly what we are trying to do. Councilmember Bell said he did not see too many oaks, but did see some Sweetgum trees in there; but it seems to him that if we want an arboretum situation in the Huntsville area, we will want oaks, dogwoods, etc. Mayor Monday said it was suggested to do native Texas plants. Councilmember Bell said that takes planning and not just a spontaneous regeneration of what is there. Mayor Monday said this is why it was suggested to utilize the university. She said this is all in the planning stage, as we must first see what we have. Councilmember Howard said it seems to him that Mrs. Bush has turned this land over the the city in hopes that it would move forward. He said she does have some wishes about the Park He said he would be interested in going forward as the city can. Mayor Monday said Mrs. Bush is looking forward to a dedication of that park and having it be a workable part of the city and a legacy to leave for her family too. Councilmember Barrett felt it would be a bad example if the city did not ao ahead and do some of the wishes of Mrs. Bush because if anyone else is going to donate land they don't want it to just sit there as they want to see some action taken on it. He said the only action the city can take in this instance is to go forward and go about it in the way the Parks Department would develop the park. Mayor Monday felt it is important to realize the different types of parks there are in Huntsville. Councilmember Barrett noted the Gibbs Park is a very dense park. Mayor Monday said that park was developed in the way the people who gave the park land wanted it developed. She said Mrs. Bush's park will be developed according to her wishes as well, as long as it fits into what the city needs in the city and its criteria She said the city will have different parks in different areas to serve different needs and that gives the city strength in its parks program. She said she hopes there will be other people who cane forward with parks and offer different opportunities. She said she sees this as a very positive thing. 1 1 HUNTSVILLE CITY COUNCIL MEETING, OCTOBER 10, 1989 BOOK "P" 513 Mayor Monday then asked for a vote on the motion on the floor. Councilmembers Carter and Knotts voted for the motion and all others voted against the motion [note. Councilmember Hammock is absent]. The motion therefore failed by a vote of six to two. Mayor Monday noted then the city will resume its work to develop this park, as scheduled. MAYOR'S REPORT- -JANE MONDAY Consider Appointment to the Police Promotional Review Board Mayor Monday presented the nomination of Mr. Ken Sherrill for reappointment for another three year term [01 -01 -89 to 01 -01 -921 to the Police Promotional Review Board. Councilmember Gaines made the motion to approve of his appointment and Councilmember Howard seconded the motion. The motion Passed unanimously. Consider Appointment to the Huntsville Housing Authorit Mayor Monday then presented the nomination of Dr. John Holcombe for reappointment to the Board of Directors of the Huntsville Housing Authority for another two year term 107 -01 -89 to 07 -01 -911. Councilmember Carter made the motion to approve of this appointment and Councitmember Bell seconded the motion. All were in favor and the motion passed unanimously. Consider appointments to the Huntsville Arts Commission Mayor Monday presented the nomination of Dr. Jack Staggs, as Commissioner for another three year term [10 -01 -921; and Dorothy Cole, Maria Jimenez, and Frankie Grover for reappointment for another two year term [10 -01 -89 to 10 -01 -911. She presented the nomination of Mrs. Pam Anisman to take the advisory position [10-01 -89 to 10 -01 -911, which was just vacated by Dorothy Thomason, who has completed two two-year terms on the Commission [10- 01- 85 -10 -01 -891. Councilmember Barrett made the motion to approve of these reappointments and new appointment and Councilmember Howard seconded the motion: it passed unanimously. Consider appointments to the Huntsville Planning Commission Mayor Monday then presented the names of Mr. Ed Smith, Chairman, and Mr. Charles Robinson, Member, for reappointments for three year [10 -01 -89 to 10 -01 -921. Councilmember Barrett made the motion to approve of these reappointments and Councilmember Howard seconded the motion The motion Passed unanimously. Consider "Lay" representative appointments to the Houston Area Library System Mayor Monday then presented the names of Mrs. Ann Fleming and Mrs. Helen Wheat to serve as Huntsville's lay representatives to the Houston Area Library System, for a two year term, commencing September 1, 1989 through August 31, 1991. According to Judy Hunter, City Librarian, these lay representatives will vote on the use of state and federal funds that are entrusted to the Houston Area Library System. Councilmember Gaines made the motion to approve of these lay appointments and Councilmember Howard seconded the motion. All were in favor and the motion passed unanimously. Commendations on Board Member Reception Mayor Monday extended her appreciation to the staff for the work done on the Board and Commission Member Reception held earlier this evening. Volunteer Cooperation Mayor Monday advised the Council of efforts to utilize the efforts of volunteers from outside the city to help on various community projects. She noted their interest in making Huntsville a better place to live is welcomed. She said she will be pursuing encouraging that kind of participation. Visit to the Third Grade Mayor Monday advised she spoke to the third grade students recently about city government. She advised they asked lots of very good questions. HUNTSVILLE CITY COUNCIL MEETING, OCTOBER 10, 1989 BOOK "P" 514 Sam Houston Folk Festival Mayor Monday advised work continues on the Sam Houston Folk Festival [formerly the East Texas Folk Festival]; new ideas are being investigated on booking groups to the festival well in advance of the event. Downtown Christmas Decorations Mayor Monday advised there is a downtown group interested in working with the city to design and make Christmas decorations that will compliment the downtown development scheme. In return for this design and construction, the community is being asked to make contributions to fund the materials for this group's use in making these decorations. She said she will be asking the Council for contributions of $10 or $20. SDHPT Public Hearing about Texas highway Trunk System Mayor Monday advised there will be a meeting in Houston on October 12, 1989 at 8:30 A.M. concerning the proposed Texas Highway Trunk System, which is a part of a long range plan to develop a rural highway system of four -lane or better divided roadways. She noted it is intended to improve access to major urban areas and improve movement of people and goods around the state. She encouraged the Council to attend this meeting if they could as it is an opportunity for public and local official comment on the proposed system. Consider a definition of the downtown area for revitalization - presentation Purposes-- Councilmember Bell Councilmember Bell proposed that the City create a downtown advisory commission to oversee the implementation of planned improvements. Councilmember Bell noted the Arts Council is going to come before the City Council on October 24. He felt it is important that the Council deal with a downtown advisory commission and that it is important that the Council create it as an independent body to handle the downtown area, and to raise the consciousness. He asked the City Council to think seriously about this as it approaches the meeting of the 24th. Councilmember Bell noted they have talked about a downtown revitalization project for quite a long time and dealing with the problems in the downtown area in a number of different contexts. He said the city has managed to get some momentum going in terms of coping with the downtown area and they are all excited about the Richard Haas project and some other things that are occurring. However, he really believes very strongly that the City has gotten the "cart in front of the horse." He said he doesn't know the boundaries of the downtown area. He said he hears as many definitions of downtown as the people with whom he has visited. He remembers bringing this up a couple of week ago initially, and the admonition was to wait until the Arts Commission comes back and tells the Council how they define the downtown and the Council will go along with them. He said after some serious thought, he feels first of all the Arts Commission is the Arts Commission and deals with artistic phenomena in the city. He said here we are dealing with a very essential political question, specifically, what defines an area into which we are going to provide funds and effort and lots of time to achieve certain ends. He said because it is a political question, he would argue that the City Council needs to deal with it, irrespective of what the Arts Commission decides and irrespective of any kind of grant that the city may be securing from the federal government, as he would argue that is irrevelant. He said the grant would certainly be nice, and it would add to the downtown area, but the grant does not have anything to do with how the council chooses to define the downtown area. Councilmember Bell Proposed that the Council define the downtown area and not wait until the 24th to hear what the Arts Commission has to say, but that the city council take the necessary political action to find out exactly what it means by the downtown area. So that whenever questions about parking tots arise, which came up within the last two weeks, and whenever new sidewalk construction projects are carried on or whenever we talk about Christmas decorations for a specific area, we'll know precisely what area we are talking about and precisely what to do in that area as we work out our plans over the next couple of months. He said he is merely trying to get the Council to define the downtown area. He said he would make a motion and would like to see that motion seconded and then he would like to see discussion evolve on the Council as to what is the downtown area. He said after what he assumes is going to be a free interchange of ideas, he would like to see a vote on that particular motion. He said one of the purposes in what he is doing tonight is to stimulate discussion. Councilmember Bell made the motion to specifically define the downtown area as including nine blocks around the square bounded on the north by 10th Street on the south by 13th Street 1 7 HUNTSVILLE CITY COUNCIL MEETING, OCTOBER 10, 1989 BOOK "P" 515 on the west by Avenue M. and Avenue J on the east. He proposed that the border line be established down the middle of each of those streets and avenues. Thus, he said, we come to arias with the definition of the downtown area. Councilmember Carter seconded the motion. Discussion: Mayor Monday noted when the city did the Sesquicentennial report for the Mainstreet Program, this was the exact definition of the downtown area and the program drawn for that proiect. She said the city council accepted this study and the study was directed to this nine block area. Councilmember Bell said he is asking that the Council not just passively accept a report that was presented to it, but to actually set lines in place. Mayor Monday said for that program, it was clarified that was the downtown area. She said if we are going to define the downtown, perhaps we need to add in relation to programs; what areas; and is it just a generic definition that we can use for any program. She asked Councilmember Bell to clarify how he sees this definition work. Councilmember Bell said he sees it as a beginning. Mayor Monday said for instance, the Arts Commission has their definition already drawn as to the area with which they are going to be working --so they have a definition for that project. Councilmember Bell said but that is just for "that project." Mayor Monday asked if we draw a definition of downtown and confine it to that area, which has already been done because that was done in 1986, then is this just for definition purposes so that when the Council talks about the downtown, all we are doing then is endorsing again the definition done in 1986? Councilmember Bell said he wants to take specific council action, and to spell it out so that the Council can start to determine how it wants to handle this area that is, by definition, special. For instance, he said, one of his long standing dreams is to resurrect the town spring. He said he knows that is part of the downtown area and that becomes part of the goal of rehabilitating and resurrecting the historical nature of the downtown area. Mayor Monday said this is a good suggestion and asked if, in his definition, the spring site is included. Councilmember Bell said it is included. Councilmember Knotts asked if Councilmember Bell means an area where there will be city financial subsidy. Councilmember Bell said that is the bottom line where we are going. He said if he is going to be asked, as a Councilmember, to spend dollars, and he thinks the Council should spend dollars in the downtown area, he needs to know whether those dollars are going to go to a block beyond Avenue M or whether those dollars are going to be specifically directed towards the downtown area, a defined downtown area. For instance, he said, does Mr. Standefer's project fall within the purview of what we are trying to do in the the downtown area, noting there has been some question as to whether he does or does not. He said he would like to have this spelled out. Mayor Monday said depending on how we are going to utilize it, we may have to redefine this for different projects with that understanding. She said all Councilmetmber Bell is asking the Council to do is to adopt what has already been done and was already accepted in 1986 as the definition of downtown for the Mainstreet Proiect. Councilmember Bell said he was on the council in 1986 and he never voted on a definition for the downtown area, although he may have accepted a study in passing Mayor Monday said he would be accepting the definition that was recommended in 1986. Councilmember Bell said he would be tickled pink if the council could spell that out and accept it. Councilmember Green said Councilmember Bell is saying this is unrelated to the grant, but in fact, it may be, if the grant spells out the definition to be included in the grant, then that limits the area in which we can spend the money. Councilmember Bell said that is true for the arts grant, but he can see the Council spending money on red pavers up through the entire area that we are discussing, but the arts grant would not include that area, but our downtown conception says we should have red pavers in this nine block area, as an example. Councilmember Knotts noted it would refer to our underground utility study. Mayor Monday said she has no problem defining downtown and that is fine and she understands his concern, but what she feels would be helpful however, is to wait until we get an update from the Arts Commission on what they are doing because what they are doing may affect the Council's definition. For instance, she said, Councilmember Knotts referred to the utility plan and the Commission may already have a concept of where and how that fits. She said she would hate to, all of a sudden, with no study and no input, adopt that plan without looking to at least see what they have, because the city may alter what its definition is once the Council sees what they have worked with and they already have an indepth plan. She said she has no qualms with defining it, but hates to do it and then have to undo it once the Council looks at the material. She said she didn't feel she has enough information and she wants to see what the Arts Commission has first as the council may want to have a broader definition. Councilmember Knotts asked if the model that the architect made is considered the downtown in the Arts HUNTSVILLE CITY COUNCIL MEETING, OCTOBER 10, 1989 BOOK "P" 516 Commission's definition? Mayor Monday said it is not totally the area with which they are working. She said the Council is scheduled for a workshop in two weeks for the Arts Commission to present an update. At that time they will share this information, she said. She said she would like to look at this as part of that. She said we have a previous definition that we have used before and we have a new concept from the Arts Commission, and she is personally very uncomfortable making a decision at this time. Councilmember Bell said the Arts Commission, as he understands it, is only dealing with some facades of buildings on the immediate square. Mayor Monday said this is not true and she didn't think he understood the depth of that report and when he does he will see that it very much interrelates to this. Councilmember Bell said this is again putting the cart in front of the horse in his judgment. He felt the Council needs to define the downtown area and then the Arts Commission fits into that downtown definition, not vise versa. Mayor Monday said Councilmember Bell needs to let the Arts Commission come in so he can see their whole plan. She felt it is just the reverse, Councilmember Bell has "the cart before the horse." Mayor Monday felt the Council needs to take the Arts Commission's plan, review it, then the council can see where it wants to draw those boundary to include areas. She said the Council may want a broader downtown or a narrower downtown. She felt it would be silly to make a decision with no information when we are about to get a wealth of information in two weeks that may well interplay with what we are doing. Councilmember Bell said conversely he is becoming frustrated with sidewalks being dug up and repaired, with decisions being made on street lamps, with a number of paint for the motifs, etc., decisions being made without an idea of what is the downtown area. Mayor Monday again deferred Councilmember Bell to the upcoming work session to get the information from the Arts Commission. Councilmember Knotts said he doesn't feel the city should be spending a lot of money downtown until it knows what it is going to use, whether it is going to use pavers, concrete and what the streetscape is going to be. Mayor Monday said all of that is coming. Councilmember Knotts said but we are working down there all the time and we are spending money down there every day. He said we are building new sidewalks that will be there. Mayor Monday said that is true. Councilmember Knotts felt the city should be following some sort of landscape plan. Mayor said there is none. Councilmember Knotts said there was one with the Mainstreet Program. Mayor Monday said the one we are using now and for which we are applying for a grant has to be done. Councilmember Knotts said he remembers when the council said it would put pavers around all four sides of the square. Mayor Monday said she is waiting for the streetscape plan. Councilmember Knotts said it seems to him to be a big communication gap. He said the Mayor and others know more about it than several of them on the Council. Mayor Monday said this is why we have called for the workshop on the 24th, so that the Council can hear everything. Councilmember Knotts said it is just like Mrs. Bush's park where the Mayor and a few others knew exactly what they wanted to do, but some of the Council had not been informed. He said he hadn't heard a word about it. He said it is the same way with the arts thing as he thought the model was the area about which the Council was referring. Mayor Monday advised there was a workshop in June that laid all of this out for the Council. She said he knows what all the others know about it and now we are going to have an update. Mayor Monday then referred back to the Bush - Miller park question. She said Mrs. Bush's park is all a concept; nothing has been done about it. Councilmember Knotts said he didn't know anything about it until it was being bulldozed out. She said all the city is going to do is clear it so the city can start the planning process. She said he is assuming plants are there that are not there. Councilmember Knotts said another thing is that on the board appointments to the Planning Commission, etc., the council has to think about the nominees in about 30 seconds, as they don't know who is going to be considered until the Mayor brings them up in the meeting. He said the council has to make a split judgment on that; yet we don't want to make a split judgment on anything else. He said he can understand the Mayor wanting to wait for the Arts Commission, but he thinks it should be worked together and the city should not be spending a lot of money. Mayor Monday again deferred him to the planned work session on the 24th, which is as fast as the Arts Commission could get Mr. Kim Williams here. She said we are hoping he can be here that night and if he can be, we will have a very detailed workshop and lay out everything we know. Mayor Monday advised Councilmember Bell that she has no problem with the concept, but it just seems silly to her to make a decision tonight with no information, when they might be able to integrate a great deal of information in 1 u HUNTSVILLE CITY COUNCIL MEETING, OCTOBER 10, 1989 BOOK "P" 517 two weeks. Councilmember Bell asked if they are really waiting for significant information. He said we at Live in Huntsville and some have for quite a long time; we know what the downtown area is and we kno precisely where we want these things to be enhanced and improved. Mayor Monday asked why does it hurt t Listen to what the Arts Commission has to say and why would it hurt to integrate that information into wha we will do. Councilmember Knotts asked if the Mayor thinks we will go out of the area Councilmember Bell i talking about to do any work or to subsidize any work? Mayor Monday again deferred to the plan which wit be presented on October 24. Councilmember Barrett said he doesn't see any need to define the streets, etc., tonight, when have already had this plan in the past. He said we are not confined to this area after the council he the Arts Commission and we are using the expertise of their people who we are paying for and are going utilize. He asked why not wait and listen to them and see what they have to offer and what they have suggest. He said it is not confining them to any borders or ramifications thereof and the Council change it. He said why not listen to something that we've already got in the plan rather than jumping and then having to change it later on. Mayor Monday said she has heard the argument as to why we are Councilmember Bell said that is a good Point. Councilmember Knotts said he thought that is what they did i June. Councilmember Howard said it seems that we have wonderful cooperation with people and he really want to keep that going because our success is really geared on how the people in the town feel about th progress that we have in mind. He said whether it is the city council or the people working, he said h hoped we could maintain that kind of spirit that they offer, and not just totally reinforcing us, but it i all of us working together. Mayor Monday said we have had wonderful cooperation and mentioned the three ne stores that have opened up this week downtown. Councilmember Bell said in that sense we are all aware of two fraternities that have opened up dot, there in the last six months which delights some of us a little less. He said he is a little concerne about this and this is another reason he is becoming so pushy in defining the downtown. He said the Counci may well want to look at how that area is being used. Councilmember Bell said the Mayor makes a very goe the 24th. He said this is a decision the Council has to make and he is going to be very adamant about the Council needing to make the decision about drawing lines. He said it absolutely has to be made. Secondly, he said the Mayor's point is well taken and the council should hear what the commission has to say. He said it is his judgment that the Commission is not going to be that critical and they are perhaps not going tc have much to say about the western edges of the Square. In the spirit of compromise and harmony on the council, he agreed to wait two weeks. Councilmember Green asked what does the location of the fraternities have to do with these lines. Councilmember Bell said it has a lot to do with it. He said one of the things the Council has to move to and move to in the very near future is the question about the use of property in the downtown area. He said he absolutely is not going to pump public money into a downtown area so as to make an entirely attractive facade for a massage parlor, an adult book store, or a variety of other uses, including fraternities, that frankly don't belong in Huntsville's downtown area. Mayor Monday said she feels this is a personal statement and not a Council statement. Councilmember Bell agreed it was. Councilmember Green said so you are wanting to draw the lines for purposes other than what was suggested. Councilmember Bell said one of the things the Arts Commission is going to recommend is that this advisory council is going to have plenty to say about the use of the area. Mayor Monday said the Arts Commission recommended in a memorandum to the Council in June that there would be a "design assistance committee" set up and this committee would have the ability, with the Council's endorsement, to offer economic incentives to people in the downtown, if they comply with the criteria, but they could not force someone to comply. Councitmember Bell said then we are going to rehabilitate the downtown so that Sam Houston's fraternities can move down there. Mayor Monday said she has had three retailers downtown tell her that the fraternities are the best thing that have happened downtown, as long as they comply with the facades; they don't interrupt the traffic HUNTSVILLE CITY COUNCIL MEETING, OCTOBER 10, 1989 BOOK "P" 518 ring the day; they are very beneficial downtown in the evening; they are a security section down there; ey like having the traffic downtown; they do in fact compliment the very mainstreet idea of having people ve downtown; and as long as they are complying with what we are asking, they are a positive and not a gative and how pleased they are to have them. She said there are definitely two sides to the story. uncilmember Bell said on fraternities, there definitely is, but what about on an adult bookstore? Mayor nday said she has problems with adult bookstores wherever they are. Councilmember Bell asked if he is ing to spend $300,000 in the downtown area to make it attractive for that sort of thing? Mayor Monday id that is something they will look at with the city's interacting codes. She said there is no way to quire what Councilmember Bell is talking about without full scale zoning. Councilmember Bell disagreed, ting, at Spring Lake, in this last six months period, they have adopted some very strong deed strictions, a renewal of their deed restrictions. He said he sees the downtown area moving toward a deed tins deed restrictions do well and she would tike to have the City Attorney look at that opportunity. She id those are things that are very positive. Councilmember Bell said that is the purpose of this scussion this evening, to start thinking about some of these things. Councilmember Carter then withdrew e to rnnnnilmamhar Rall /e nrininel mntinn nntinn tha elicnnccinn bee nnu nnna for annn..6 uncilmember Knotts referred to Jim Standefer's statements in the newspaper. He said the more involvement ivate enterprise has in the project, the more sincere the development is going to be. He said the city ould not take the stand and say it is going to oversee all of it and do everything. He said the city can bsidize private enterprise in the downtown square and let them do most of the lead work because it is eir money and they are going to own the buildings. Mayor Monday said this is the finest example of ivate - public venture together that we could have. She said Jim Standefer has been their lead person and ey are very pleased with what he has done. COUNCIL ACTION Councilmember Carter advised the Police Chief that the intersection of 18th Street and Avenue 0 is en blocked by vehicles during athletic events on Pritchett Field, particularly a pick -up with a water ler on the back, which makes it very difficult for others to negotiate this intersection. He asked that parking regulations be enforced at that intersection, particularly in the afternoons, around 4:00 P.M. 6:00 P.M. and a ticket or warning be given. He felt it is a fairly dangerous situation as well as being onvenient. EXECUTIVE SESSION The Council then adjourned into Executive Session at 9:17 P.M. to consider a real estate acquisition ter for property on 7th Street. No other items were discussed. The Council completed their Executive sion at 9:27 P.M. No formal action was taken. ADJOURNMENT Respe fully submitted, u h DeShaw, City Secretary October 10, 1989 W___J